Request for Ancillary Facilities Clause Samples

Request for Ancillary Facilities. (a) The Company may, at any time, request the establishment of an Ancillary Facility by delivery to the Agent of a duly completed Ancillary Facility Request. (b) An Ancillary Facility Request relating to a proposed Ancillary Facility will not be regarded as duly completed unless it identifies: (i) the Facility under which it is to be designated an Ancillary Facility (which must be Facility B or Facility C); (ii) the Facility B Borrower(s) or the Facility C Borrower(s) under that Ancillary Facility as the case may be; (iii) the Ancillary Lender (which must be a Facility B Lender or a Facility C Lender) which is to make available that Ancillary Facility under Facility B or Facility C respectively; (iv) the type or types of facility to comprise that Ancillary Facility (which must comply with Clause 7.2 (Types of Ancillary Facility)); (v) the date (the “Commencement Date”) on which that Ancillary Facility is to become available (which must be a date on which the Facility B or, as the case may be, Facility C is available to be drawn and must not be less than 10 Business Days after the date on which the Agent receives the Ancillary Facility Request); (vi) the expiry date of that Ancillary Facility (which must fall on or before the Termination Date); (vii) the amount of the Ancillary Commitment (which must be denominated in the Base Currency) which is to apply to that Ancillary Facility; (viii) the currency or currencies (which must comply with paragraph (c) below) in which utilisations under that Ancillary Facility may be requested; (ix) the margin, commitment fee and other fees payable in respect of that Ancillary Facility which in respect of Margin shall not exceed the Margin payable under Facility B or Facility C as the case may be; and (x) such other details in relation to that Ancillary Facility as the Agent may reasonably require. (c) An Ancillary Facility shall only be available for utilisation in the Base Currency or a currency which: (i) is readily available in the amount required and freely convertible into the Base Currency in the Relevant Interbank Market on the date for utilisation of that Ancillary Facility; and (ii) has been approved by the Agent (acting on the instructions of the Facility B Lenders or Facility C Lenders as the case may be) on or prior to receipt by the Agent of the Ancillary Facility Request for that Ancillary Facility. (d) The Agent shall, promptly after receipt by it of an Ancillary Facility Request, notify each Facility B Lend...